(A) The police commission shall have the jurisdiction and it shall be its duty to hear, try and decide all charges brought by any person against any member or officer of the police department; including any charge that such member is incompetent, or by age or disease, or otherwise, has become incapacitated to discharge the duties of his office; or has been guilty of neglect of duty, or of misconduct in his office, or of conduct unbecoming a police officer; or has been found guilty of any crime; or whose conduct has been such as to bring reproach upon the police force.
(B) Any charge brought against any member of the police force must be in writing in the form required by the police commission and a copy thereof must be served upon the accused officer or member at least fifteen (15) days before the time fixed for the hearing of such charge.
(C) It is the duty of the police commission, at the time set for hearing a charge against a police officer, to forthwith proceed to hear, try and determine the charges, according to the rules of evidence applicable to courts of record in the state.
(D) The accused shall have the right to be present at the trial in person and by counsel, and to be heard, and to give and furnish evidence in his defense.
(E) All trials shall be open to the public.
(F) The chairman, or acting chairman, of the police commission, shall have the power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing and any person duly served with a subpoena is bound to attend in obedience thereto. The police commission shall have the same authority to enforce obedience to the subpoena, and to punish the disobedience thereof, as is possessed by a judge of the district court in like case; provided, however, that punishment for disobedience is subject to review by the district court of Hill County.
(G) The police commission must, after the conclusion of the hearing or trial, decide whether the charge was proven or not proven, and shall have the power, by a decision of a majority of the commission, to discipline, suspend, remove or discharge any officer who shall have been found guilty of the charge filed against him.
(H) Such action of the police commission shall, however, be subject to modification or veto by the mayor, made in writing, giving reasons therefor, which shall become a permanent record of the police commission; provided, however, that where and when the police commission decides the charge not proven, the decision is not subject to modification or veto by the mayor nor subject to any review but is final and conclusive.
(I) Where the police commission decides the charge proven, the mayor, within five (5) days from the date of the filing of such findings and decision with the clerk, may modify or veto such findings and decision.
(J) When a charge against a member of the police force is found proven by the board and is not vetoed by the mayor, the mayor must make an order enforcing the decision of the commission, or if modified by the mayor, then such decision is modified. Such decision or order shall be subject to review by the district court in the county on all questions of fact and all questions of law.
The district court of the county shall have jurisdiction, however, in a suit brought by an officer or member of the police force, to determine whether the essential requirements of law as to the method of trial have been complied with, but no suit to review such hearing or trial or for reinstatement to office shall be maintained unless the same is begun within a period of sixty (60) days after the decision of the police commission or order of the mayor has been filed with the clerk, and in no case shall any officer or member who has been suspended or discharged, or placed upon the eligible list, be entitled to any salary or other emoluments of office, during the period of suspension, or during the time he remains upon the eligible list, or from the date of his discharge by the police commission or the mayor, to the time of his reinstatement if the court should finally find he was entitled to be reinstated. No court shall have the jurisdiction to hear or determine any question or controversy concerning the salary or compensation of any member of the police force now or hereafter accrued, except for services actually rendered.
(K) In no case shall any officer or member of the police force be discharged without a hearing or trial before the police commission, as herein provided.
(L) The district court of the county shall have jurisdiction to review all questions of fact and all questions of law in a suit brought by any officer or member of the police force, but no suit to review such hearing or trial or for reinstatement to office shall be maintained unless the same is begun within a period of sixty (60) days after the decision of the police commission or order of the mayor has been filed with the city clerk-treasurer. (Ord. 706, 7-21-1982)